How To Beat A Felony DWI In Texas (2026)

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There are a number of circumstances that may result in a felony DWI charge including a third or subsequent DWI conviction, car accident resulting in injury, vehicular manslaughter or DWI with a child passenger.

Third or Subsequent DWI Conviction: If you have previously been convicted of two DWI charges, the third offense may be charged as a felony. When seeking a conviction for felony DUI on this grounds, the prosecutor must prove the prior convictions. When fighting this type of felony DWI charge, we will both attack the factual basis for the current DWI conviction as well as put the prosecutor to his or her proof regarding establishing the prior convictions. This form of felony DWI is considered a third-degree felony. A conviction for this form of DWI will result in loss of your driver’s license for a period of between 180 days and two years.

Intoxication Assault: If you cause a car accident while driving under the influence of alcohol that causes disfigurement or serious bodily injury the prosecutor typically will charge this offense as a third-degree felony. Serious bodily injury is defined as an injury that results in a permanent loss of use or protracted loss of use of a bodily member or organ. If the accident resulted in an injury that does not meet the definition of serious bodily injury, the intoxication assault charge will be dropped to a misdemeanor DWI.

A third-degree felony in Texas like the two forms of felony DWI above can expose you to extremely serious penalties including incarceration for a minimum of two year up to a maximum of ten years in the Institutional Division of the Texas Department of Corrections (prison). Felony DWI based on an individual’s status as a repeat offender or intoxication assault also entails a fine up to a maximum of $10,000 and 160 to 600 hours of community service.

Intoxication Manslaughter: When a drunk driver is involved in a collision in which someone is killed, this may constitute a second-degree felony. This is the most serious form of DWI offense carrying a prison sentence of between 2-20 years and a fine of up to $10,000. The sentence may also include between 240 and 800 hours of community service.

The best DWI attorneys know that one of the most effective legal defenses for citizens charged with intoxication manslaughter is the element of causation. The State of Texas must prove beyond a reasonable doubt that the intoxication was the cause of the death of another. What if there was another contributing cause? What if the accused was not at-fault from the accident report from the DWI police records? These are serious issues that should be defended and examined by your DWI attorney. In fact, situations like this must be looked at early in the legal defense so that your DWI lawyer can make a presentation to the grand jury. A grand jury acts as a filtering process for all felony cases in Texas. If your DWI attorney presents evidence showing a serious doubt regarding the element of causation, the grand jury may render a No Bill. A no bill is the equivalent of a dismissal of all charges and provides eligibility for an expunction and complete clearing of all records.

Driving While Intoxicated With Child Under 15: If you are arrested and charged for driving drunk with a minor 15-years-old or younger in your vehicle, you may face felony charges. This is a serious offense that can result in a maximum of two years of jail time and a maximum $10,000 fine. A conviction of this offense will also result in a suspension of your driver’s license for up to 180 days.

While you may still qualify for probation if you are convicted of felony, this period of probation may be as lengthy as ten years.

If you have been charged with felony DWI, you are facing a serious legal battle that requires the best DWI law firm on your side. Part of making sure you are treated fairly is making certain that all your possible DWI defenses are examined.

Prosecutor Can Not Prove Intoxication

In order to prove the element of Intoxication beyond a reasonable doubt, the prosecutor will have to show one of the following:

1. Not having the normal use of your mental faculties due to the introduction of alcohol, drug or dangerous drug into your body;

2. Not having the normal use of your physical faculties due to the introduction of alcohol, drug or dangerous drug into your body; OR

3. Having an alcohol concentration of 0.08 or higher at the time of driving